Former President Jacob Zuma’s decision to defy the order of the country’s highest court and the summons to appear before the Zondo Commission of Inquiry into allegations of state capture is completely unacceptable in a constitutional democracy, the commission said on Tuesday night.
The commission condemned Zuma for thinking he is above the law and South African constitution in a strongly-worded statement issued by the secretary of the commission Itumeleng Mosala “at the instance of the chairperson” Deputy Chief Justice Raymond Zondo.
The commission said that it “has taken note of the recent public statement issued by Mr Jacob Zuma” on February 1, wherein Zuma “made it clear that he had decided that he would not obey the summons issued by the commission requiring him to appear before it from February 15-19, 2021”.
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Furthermore, the commission noted Zuma’s comments that he would defy the order of the Constitutional Court compelling him to appear before the commission, answer questions and to obey all directives and summonses issued by the commission.
“The constitution expressly provides that an order or decision issued by a court binds all persons to whom it applies. Therefore, Mr Zuma is, in terms of the constitution, expressly bound by the order of the Constitutional Court,” it pointed out.
According to the commission, Zuma’s decision to defy the ConCourt order and summons of the commission is particularly unacceptable as “the person making such a decision is a former President of the country who should be exemplary in upholding the rule of law and the constitution”.
“It seems that Mr Zuma considers himself to be above the law and the constitution ….
“The commission reiterates that in terms of the constitution everyone is equal before the law. This constitutional guarantee must be given effect to,” the commission noted.
“The commission is concerned that Mr Zuma’s decision to defy the order of the Constitutional Court and the summons of the commission displays a complete disregard for the rights and interests that South Africans have in obtaining comprehensive responses from him to a lot of evidence regarding state capture, corruption and fraud that concern him and others connected with him that relate to his terms of office as President of the country which have been led in the commission over the past three years,” it added.
“While Mr Zuma refuses to comply with the constitution and to obey the order of the Constitutional Court on the one hand, he continues to enjoy the benefits that the constitution grants to all former President s in terms of his pension and other benefits paid for by the taxpayers,” the commission noted.
Meanwhile, Deputy Chief Justice Zondo has asked the commission’s secretary to lay a criminal complaint against Zuma.
This is in relation to Zuma’s decision not to appear before the commission in late January “as he had been required to do in terms of one of the commission’s summonses” served on the former President .
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“In terms of one of the summonses issued by the commission, Mr Zuma is required to appear before the commission from February 15-19, 2021. As already indicated the order of the Constitutional Court compels Mr Zuma to comply with that summons by appearing before the commission and answering questions that may be put to him.”
“Should Mr Zuma carry out his decision not to appear before the commission on February 15, 2021 and, therefore, act in breach of the summons and in contempt of the order of the Constitutional Court, the commission will announce on that day what further action it will take in regard to such conduct,” it added.
The Commission also noted Zuma “continues his attacks on the person and integrity” of the commission’s chairperson. However, it said that Deputy Chief Justice Zondo would deal with those attacks in a separate statement.
COMMENTS 29
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It seems to me that the ANC “considers himself to be above the law and the constitution ….”
Lest we forget that you “vote the party, not the individual”.
Vote 51
Well if he broke the law in the first place, why should he be “exemplary” by upholding it?
Do we really think that a person who was perhaps the biggest cause of the country’s current woes will come clean?
Between him and the SG, we’ve been sliding into an abyss, the depth still to be determined
Vote 38
He always claimed in public that he wanted and was not scared of his day in court.
Now this.
Clearly a man that speaks with a forked tongue.
Vote 22
This is how politicians set a precedent for all citizen on how they should behave.
Government spends more that what it receives and citizens spend more than what they recieve, government is unproductive and citizens are unproductive. politicians defy courts system and what how the citizens defy the rule of law.
But spend more tax payer money on more unproductive tasks.
Vote 38
It would be interesting once Precendent is SET.
I will also then stop PAYING taxes to a corrupt government.
Vote 32
Cyril would be sharing the hotel with you…I doubt he pays a cent in taxes
Vote 4
The ANC is above the law !!
Vote 48
The law MUST take its course.
JZ will play more “I’m a victim” cards. He has not played his “I’m gravely ill” card yet.
Vote 38
Fortunately for Zuma – he doesn’t know when he is going to jail as he cannot count!
Vote 42
And he cannot read! Double wammy.
Vote 26
so 1 year or 10 years is the same for him
Vote 4
They are too scared to do anything about him.
When No.1 the ex army cook and corporal Peehaus rally the troops there will be a country wide riot.
Just what he wants, he kept the masses uneducated so that they would believe the whining that he and corporal Karl shout about.
Vote 49
Will he be arrested? No. Go to jail? No. Testify at the commission? No.
Will ace step down? No. Be convicted? No. Got to jail? No
The fight against corruption is just smoke and mirrors
Vote 108
LOL — There is no fight against corruption. The only fight is to see who can loot the most.
Vote 53
Exactly. So many commissions and enquiries into corruption which have cost SA taxpayers millions.
How many prosecutions, arrests or imprisonments do we have to show for all this effort?
How much of the stolen money has been recovered?
Its a disgrace
Vote 49
In the coming weeks, we shall again witness how there is one set of laws which pertain to the common man, and another set of laws which apply to Zuma (and the ANC’s cadres in general). The constitution is just an unused toilet roll intended for the international community’s admiration.
Vote 47
Agree CR oversaw this constitution. Innocent till proven guilty. They knew this would happen sooner or later, they did not join the struggle to be poor.
They planned all this on Robben Island.
Vote 31
Time to reopen Robben Island :
Ex No1 can indeed remain No1 : First one in .
Vote 28
Maybe they can send the looters back to Robben Island. They can then rename it to Robbers Island.
Vote 21
Hmmm Robbin’ Island, supposedly the island that has created the most millionaires ever. Most of them without lifting a finger; one even became the president. 🙂
Vote 1
Come on… Lets see this Bozo get arrested!
Vote 31
Zuma’s ( ANC ) support is “immense”…for that reason nothing will happen to him and Ramaphosa is reduced to a foot soldier!
Vote 29
If Zuma ever comes back to government I will stop working, stop paying tax.
Vote
The easy answer – and excellent for the PR – is to completely cut his pension off, and fine him a hefty daily amount until he complies (and immediately publicly redistribute this largesse to some really deserving victims). And Zuma doesn’t get any of this back if he later comes to the table.
A similar tactic worked wonderfully on that Belgian King who refused to co-operate with the Belgian Courts in the claim from one of his illegitimate children.
Vote 27
WHO must cut of his pension fund??
Vote 1
Malema’s next speech will surely be on the arrogance of ‘Blackness’.
Vote 19
He is not going to say anything. He is implicated and so are many all JZ has to do is once again threaten to spill the beans.
Vote 18
Is Ju not Colour blind?
I’m really starting to be ashamed of being a South African…
Vote 6
Getting Zuma in front of Zondo is just a further waste of government funds.
Since the regulations changed and the evidence are now used against the people that appeared before the commission, the rest of the criminals are not going to incriminate themselves.
Only justification is as political theatre.
Vote 1
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